HomeMy Public PortalAbout031-2020 - Fire - Whisenhunt Construction - Station # RenovationsAGREEMENT
THIS AGREEMENT made and entered into this 5 day of 1 , 2020, and referred
to as Contract No. 31-2020 by and between the City of Richmond, Indiana, a municipal
corporation acting by and through its Board of Public Works and Safety (hereinafter referred to
as the "City") and Whisenhunt Construction, Inc., 645 Indiana Avenue, Richmond, Indiana,
47374 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to perform services in connection with the construction renovation
and remodeling of Fire Station Number 3 for the Richmond Fire Department in connection with
the December 11, 2019, plans and specifications issued by Maze Design, Inc., for the City of
Richmond, Indiana (the "Project"). Said Project to be performed by Contractor herein includes,
and is not limited to, furnishing the labor and materials necessary to complete this public works
proj ect.
Bid Specifications dated January 17, 2020, have been made available for inspection by
Contractor, are on file in the office of the Director of Purchasing for the City of Richmond and
the administrative office of the Fire Department for the City, and are hereby incorporated by
reference and made a part of this Agreement. Contractor agrees to abide by the same.
Portions of the response of Contractor to said Request for Responses is dated January 30, 2020,
and is attached hereto as Exhibit A, which Exhibit consists of eight (8) pages, and is also hereby
incorporated by reference and made a part of this Agreement.
Should any provisions, terms, or conditions contained in any of the documents attached hereto as
Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the
provisions, terms, or conditions of this Agreement, this Agreement shall be controlling.
The Contractor shall furnish all labor, material, equipment, and services necessary which are
incidental to the proper completion of all work specified.
No performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance and/or
warranties; _
2. The City is in receipt of any required affidavit signed by Contractor in
accordance with Indiana Code 22-5-1.7-11(a)(2);and
3. A purchase order has been issued by the Purchasing Department.
Contract No. 31-2020
Page 1 of 7
SECTION II. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is not an employee or agent of
the City of Richmond. The Contractor shall provide, at its own expense, competent supervision
of the work.
SECTION III. COMPENSATION
City shall pay Contractor an amount not to exceed. the total amount of Two Hundred Ninety-nine
Thousand Five Hundred Dollars and Zero Cents ($299,500.00) for complete and satisfactory
performance of the work required hereunder.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect
until the satisfactory completion of the project, which completion is expected to be finished
within five (5) months from the date of the notice to proceed.
Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in
part, for cause, at any time by giving at least five (5) working days written notice specifying the
effective date and the reasons for termination which shall include but not be limited to the
following:
a. failure, for any reason of the Contractor to fulfill in a timely and proper manner its
obligations under this Agreement;
b. submission by the Contractor to the City of reports that are incorrect or incomplete in
any material respect;
c. ineffective or improper use of funds provided under this Agreement;
d. suspension or termination of the grant funding to the City under which this Agreement
is made; or
e. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for all work
performed prior to the effective date by Contractor, but shall be relieved of any other
responsibility herein.
This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties
by setting forth the reasons for such termination, the effective date, and in the case of partial
termination, the portion to be terminated.
Page 2 of 7
SECTION V. WITHHOLDING, RETAINAGE, AND CLAIMS FOR PAYMENTS
Contractor understands, acknowledges and agrees that pursuant to Indiana Code 36-1-12-13 the
City must provide for the payment of subcontractors, laborers, material suppliers, and those
performing services under a public works contractor and further agrees that in the event
Contractor fails to timely pay any subcontractor, laborer, or material supplier for the
performance of services or delivery of materials under this Agreement that the Board of Public
Works and Safety for the City shall withhold payments in an amount sufficient to pay the
subcontractors, laborers, material suppliers, or those providing services. Contractor further
understands, acknowledges, and agrees that the Board shall proceed with the proper
administrative procedures initiated as the result of any claims timely filed by any subcontractor,
laborer, or material supplier under Indiana Code 36-1-12-12.
SECTION VI. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to
person or property or any other claims which may arise from the Contractor's conduct or
performance of this Agreement, either intentionally or negligently; provided, however, that
nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts
of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this
Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set
forth below which may arise out of or result from the Contractor's operations under this
Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone
directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may
be held responsible.
Coverage
A. Worker's Compensation &
Disability Requirements
B. Employer's Liability
C. Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
Page 3 of 7
Limits
Statutory
$100,000
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each occurrence
D. Comprehensive Auto Liability
Section 1. Bodily Injury $1,000,000 each person
$1,000,000 each occurrence
Section 2. Property Damage $1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$2,000,000 each aggregate
SECTION VII. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and
shall, before commencing work under this Agreement, provide the City a certificate of insurance,
or a certificate from the industrial board showing that the Contractor has complied with Indiana
Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and
therefore subject to another state's worker's compensation law, Contractor may choose to
comply with all provisions of its home state's worker's compensation law and provide the City
proof of such compliance in lieu of complying with the provisions of the Indiana Worker's
Compensation Law.
SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work
eligibility status of all newly hired employees of the contractor through the Indiana E-Verify
program. Contractor is not required to verify the work eligibility status of all newly hired
employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify
program no longer exists. Prior to the performance of this Agreement, Contractor shall provide
to the City its signed Affidavit affirming that Contractor does not knowingly employ an
unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC
22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days
after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation
within the thirty (30) day period provided above, the City shall consider the Contractor to be in
breach of this Agreement and this Agreement will be terminated. If the City determines that
terminating this Agreement would be detrimental to the public interest or public property, the
City may allow this Agreement to remain in effect until the City procures a new contractor. If
this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the
Contractor will remain liable to the City for actual damages.
SECTION IXI. IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in
investment activities in Iran. In the event City determines during the course of this Agreement
that this certification is no longer valid, City shall notify Contractor in writing of said
Page 4 of 7
determination and shall give contractor ninety (90) days within which to respond to the written
notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased
investment activities in Iran within ninety (90) days after the written notice is given to the
Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In
the event the City determines during the course of this Agreement that this certification is no
longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-
22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement
and terminate the agreement upon the expiration of the ninety (90) day period set forth above.
SECTION X. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting
on behalf of Contractor or any sub -contractor shall not discriminate against any employee or
applicant for employment to be employed in the performance of this Agreement, with respect to
hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly
related to employment, because of race, religion, color, sex, disability, national origin, or
ancestry.
B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees:
1. That in the hiring of employees for the performance of work under this
Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person
acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of
race, religion, color, sex, national origin or ancestry against any citizen of the State of
Indiana who is qualified and available to perform the work to which the employment
relates;
2. That Contractor, any sub -contractor, or any person acting on behalf of Contractor
or any sub -contractor shall in no manner discriminate against or intimidate any employee
hired for the performance of work under this Agreement on account of race, religion,
color, sex, national origin or ancestry;
3. That there may be deducted from the amount payable to Contractor by the City
under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar
day during which such person was discriminated against or intimidated in violation of the
provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by the City and all monies
due or to become due hereunder may be forfeited, for a second or any subsequent
violation of the terms or conditions of this section of the Agreement.
C. Both City and Contractor agree to comply with all applicable Americans with Disability
Act (ADA) requirements and Title VI Civil Rights Act non-discrimination requirements.
Page 5 of 7
D. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION XI. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or
agents of the same from all liability for negligence which may arise in the course of Contractor's
performance of its obligations pursuant to this Agreement.
SECTION XII. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of
its rights or obligations hereunder without the prior written consent of the other party. It shall be
controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It
constitutes the entire Agreement between the parties, although it may be altered or amended in
whole or in part at any time by filing with the Agreement a written instrument setting forth such
changes signed by both parties.
This Agreement may be simultaneously executed in several counterparts, each of which shall be
an original and all of which shall constitute but one and the same instrument.
The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising
under this Contract, if 'any, must be filed in said courts.. The parties specifically agree that no
arbitration or mediation shall be required prior to the commencement of legal proceedings in said
Courts.
Any person executing this Contract in a representative capacity hereby warrants that he has been
duly authorized by his or her principal to execute this Contract.
In the event of any breach of this Agreement by Contractor, and in addition to any other damages
or remedies, Contractor shall be liable for all costs incurred by City due to the enforcement of
this Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit
is filed.
[Signature Page to Follow.]
Page 6 of 7
M
In the event that an ambiguity or question of intent or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption
or burden of proof shall arise favoring or disfavoring any party by' virtue of the authorship of any
of the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of
the day and year first written above, although signatures may be affixed on different dates.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
Vicki Robinson, President
By:
Emil Palmer, Member
By:
Matt Evans, Member
"CONTRACTOR"
WHISENHUNT CONSTRUCTION, INC.
645 Indiana Avenue
Richmond, IN 47374
By: -If )(` 1 C�y�—� o, \ \-e I p-r
Printed:
Title:
APPROVED: Date:
. Snow
/'N�
Date: o3 o i /lOZv
Page 7 of 7
State Form 52414
Prescribed by State Board of Accounts Form No. 96 (Revised 2005)
CONTRACTOR'S BID FOR PUBLIC WORK — FORM.96
PART
(To be completed for all bids. Please type or print)
Date:1-30-2020
1. Governmental Unit,(Owner): City of Richmond
2. County: Wayne
3. Bidder (Firm): Whisenhunt Construction, Inc
Address: 645 Indiana Ave
City/state: Richmond, IN
4. Telephone Number: 765-966-6421
5. Agent of Bidder (if applicable):
Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete
the public works project of RFD #3 Addition
(Governmental Unit) in accordance with plans and specifications prepared by Maze Design, Inc.
and dated 12-11-2019 for the sum of
%we 4v,od+r N;rl �V;,Je 11.0osAva Fve #yadird $ 9,779 Soo
The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the
notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with the
notice. Any addendums attached will be specifically referenced at the applicable page.
If additional units of material included in the contract are needed, the cost of units must be the same as
that shown in the original contract if accepted by the governmental unit. If the bid is to be awarded on a unit
basis, the itemization of the units shall be shown on a separate attachment.
The contractor and. his subcontractors, if any, shall not discriminate against or intimidate any employee,
or applicant.for employment, to be employed in the performance of this contract, with respect to any matter
directly or indirectly related to employment because of race, religion, color, sex, national origin or ancestry.
Breach of this covenant may regarded as a material breach of the contract.
CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS
(If applicable)
I, the undersigned bidder or agent as a contractor on a public works project, understand my statutory
obligation to use steel products made in the United States (I.C. 5-16-8-2). 1 hereby certify that I and all
subcontractors employed by me for this project will use U.S. steel products on this project if awarded. I
understand that violations hereunder may result in forfeiture of contractual payments.
ACCEPTANCE
The above bid is accepted this day of subject to the
following conditions:
Contracting Authority Members:
PART.11
(For projects of $100,000 or more - IC 36-1-12-4)
Governmental Unit: City of Richmond
Bidder (Firm) Whisenhunt Construction, Inc.
Date: 1 /30/2020
These statements to be submitted under oath by each bidder with and as a part of his bid.
Attach additional pages for each section as needed.
SECTION I EXPERIENCE QUESTIONNAIRE
1. What public works projects has your organization completed for the period of one (1) year prior to the
date of the current bid?
Contract Amount
Class of Work
Completion
Date
Name and Address of Owner
92,946.00
Renovation
Dec 2018
Indiana Univ, Bloomington, IN
143,053.00
Renovation
Jun 2019
Indiana Univ, Bloomington, IN
301,286.00
Renovation
Jul 2019
Richmond Comm School, IN
73000.00
Renovation
Sep 2019
Indiana Univ, Bloomington, IN
2. What public works projects are now in process of construction by your organization?
Contract Amount
Class of Work
Expected
Completion
Date
Name and Address of Owner
423,845.00
Renovation
Feb 20
Wayne Co Jail, Richmond, IN
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3. Have you ever failed to complete any.work awarded to you? No If so, where and why?
4. List references from private firms for which you have performed work.
Jeff Carter, Bethany Theological Seminary, Richmond, IN 765=983-1800
Jeff Baxter, Friends Fellowship Community, Richmond, IN 765-962-6546
Steve Baker, Summit Construction, Indianapolis, IN 317-429-7979
Winifred Williams, KrM +Arch itectu re, Indianapolis, IN 317-968-9868
Kevin McCurdy, LWC, Richmond, IN 765-966-3546
SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE
1. Explain your plan or,layout for performing proposed work. (Examples could include a narrative of when
you could begin work, complete the project, number of workers, etc. and any other information which you
believe would enable the governmental unit to consider your bid.)
Whisenhunt Construction will be available to mobilize in Febuary with the
expectation of achieving the substantial completion date. We will provide
a critical path construction schedule which will be reviewed and approved by all.
sub -contractors: Our superintendent will be dedicated to this project and will oversee
daily operations, maintain safety regulations and procedures, and coordinate deliveries
2. Please list the names and addresses of all subcontractors _(i.e. persons or firms outside your own firm .
who have performed part of the work) that you have used on public works projects during the past five (5)
years along with a brief description of the work done by each subcontractor.
Electric: E Systems, Centerville, IN Plumbing: QPH, Bunker Hill, IN
Carroll Electric, Richmond, IN North Mechanical, Richmond, IN
Storefront: Catron's Glass, Richmond, IN Mechanical: QPH, Bunker Hill, IN
Flooring: Georgia Direct, Richmond, IN Painting: Perseponko Painting, Richmond, IN
Ryan's Flooring, Richmond, IN
��CaIITt*AG€ 3_�
3. If you intend to, sublet any portion of the work, state the name and address of each subcontractor,
equipment to be used by the subcontractor, and whether you will require a bond. However, if you are
unable to currently provide a listing, please understand a listing must be provided prior to contract
approval. Until the completion of the proposed project, you are under a continuingobligation to
immediately notify the governmental unit in the event that you subsequently determine that you will use a
subcontractor on the proposed project.
Whisenhunt Construction will sublet a portion of the work. A complete listing of
subcontractors will be provided prior to contract approval. Bonding will not be required.
4. What equipment do you have available to use for.the proposed project? Any equipment to be used by
subcontractors may also be required to be listed by the governmental unit.
Trucks, dump truck, scissor lift, skid loader, mini excavator
5. Have you entered intocontracts or received offers for all materials which substantiate the prices used in
preparing your proposal? If not, please explain the rationale used which would corroborate the prices
listed.
Yes
SECTION III CONTRACTOR'S FINANCIAL STATEMENT
Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial
statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to
the governing body awarding. the contract must be specific enough in detail so that said governing body can make
a proper determination of the bidder's capability for completing the project if awarded.
SECTION IV CONTRACTOR'S NON — COLLUSION AFFIDAVIT
The, undersigned bidder or agent, being duly sworn on oath, says that he has not, nor. has any other
member, representative, or agent of the firm, company, corporation or partnership represented by him, entered
into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such
letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is
made without reference to any other bid and without any agreement, understanding or combination with any other
person in reference to such bidding.
He further says that no person or persons, firms, or corporation has, have or will receive directly or
indirectly, any rebate, fee, gift, commission or thing of value on account of such sale.
SECTION V OATH AND AFFIRMATION
I HEREBY AFFIRM .UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION
CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT.
Dated at this 30th day of January 2020
Whisenhunt Construction, Inc
(N
ame
of Organization)
By-�
Brian Ballenger, President
(Title of Person Signing)
ACKNOWLEDGEMENT
STATE OF Indiana )
) ss
COUNTY OF Wayne
Before me, .a Notary Public, personally appeared the above -named Brian Ballenger and
swore that the statements contained in the foregoing document are true and correct.
Subscribed and sworn. to before me this 30th day of January 2020
f✓l.� l�l l.Q�
Notary Public
My Commission Expires: 05/16/2025
County of Residence: Wayne
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13INIIRY FiLW�'�����4�
® SEAS.
My Comm. expfTrs
e�i�.y I -
-1870-1
BID FORM 96 Supplement
BID TO:
City of Richmond, Indiana ,
Fire Station#3 Addition
Richmond, Indiana 47374
BID FROM: Whisenhunt Construction, Inc
Address 645 Indiana Ave
City / State Richmond, IN 47374
Telephone No.765-966-6421
BID FOR:
12/2019
Fire Station #3 Addition
Richmond, Indiana 47374
PROJECT 1870-1
The Undersigned, having visited the site of proposed construction
of this project, and having familiarized himself with local
conditions, affecting the cost of the Work and with all
requirements of the Contract Documents and Addenda thereto as
prepared by Maze Design, Inc., hereby offers to furnish all labor .
and materials required by the Contract Documents and Addenda
thereto for the completion of the Contracts below for which an
amount is provided:
BID SCHEDULE
Base Bid
IWa kuvdrrJ NlajM a;Nt jkovSAvA frp%k }iv+olw-d Dollars c$ o'Z99.500
ADDENDA RECEIVED
Receipt of Addendum Nos. 1
acknowledged.
is hereby
BID ACCEPTANCE
If written notice of the acceptance of this Bid is received by the
Undersigned within 60'days after the date for opening of Bids or
any time thereafter before this Bid is withdrawn, the Undersigned
will, execute the required Agreement and furnish Performance and
Payment Bonds in accordance with the Contract Documents and Bid as
accepted.
BID FORM 96 SUPPLEMENT 00300 - 1
Ey" CAP P I
V7
•1870-1 12/2019
If Bidder is an individual complete the blanks in the following box.
IN TESTIMONY: WHEREOF, the Bidder (an individual) has hereunto
set his hand this day of 20
Individual
i= biaaer is a partnersnip complete the bianxs in.tne rotiowing.nox.
IN TESTIMONY WHEREOF, the Bidder (a Partnership) have hereunto
set their hands this day of 20
Name of,Partnership
Name of Partners
i= rsiaaer is a .corporation complete the oianxs in the rottowing box.
IN TESTIMONY WHEREOF, the Bidder (a Corporation) has caused this
Bid to be signed by its President and Secretary and affixed its
Corporate Seal this 30th day of January 2020
Name of Corporation Whisenhunt Construction, Inc.
Inc��"�'"��
PresidentVOR
0 Q Lam' ryG
�. 14 20164
' SdiFa a' .S
Secretary n1A ......... ... o�`,,;;
NCon5wy
(Seal)
f, BID FORM 96 SUPPLEMENT 00300 2
Please provide the following information:
1.) Earliest date available to begin project. February 24, 2020
2.) Length of time to complete project. 5 months
3.) A. certificate of insurance should be included with your bid.
4:) Guarantee information.
Signature
Whisenhunt Construction, Inc Brian Ballenger
Company. Contact Person
765-966-6421 1-30-2020
Phone Number Date